Legal Separation vs. Divorce Case: What’s the Difference?

Posted on May 10, 2012 by Hofheimer Family Law

Virginia divorce law recognizes 2 forms of divorce: divorce from bed and board and divorce from the bond of matrimony. Divorce from bed and board can be considered legal separation, while divorce from the bond of matrimony is a complete divorce from the marriage.

When it is found that one spouse willfully deserts or abandons the other, or is guilty of cruelty and bodily harm, you may have a case of divorce from bed and board. Sometimes acts of cruelty result in willful desertion, which can become immediate grounds for divorce.

Divorce from the bond of matrimony can either be a no-fault legal separation or a contested divorce. If both spouses agree to a separation agreement and can come to terms on child custody, alimony, and marital property division, they may file a separation agreement and be granted a divorce.

A contested divorce case occurs when the grounds for divorce, such as adultery, are not agreed upon by both spouses. Because the spouses are not in agreement over the terms of the divorce case, it can complicate the associated agreements, such as child custody and support, and marital property division.

Legal separation may expedite certain cases of divorce, while others may require a full divorce case to be resolved before you are freed from your legal bonds. When the subject of divorce becomes a consideration in your marriage, you should talk to a divorce attorney about your options.

A Women’s Divorce Attorney Best Understands Your Divorce Case

There are many situations that need to be handled differently in the eyes of the wife when settling a divorce case. It is important to have a divorce attorney who understands a woman’s needs and rights in the divorce process to make sure she makes the best decisions possible.

At Hofheimer Family Law Firm, we provide family law and divorce support for women only, allowing us to focus on the unique needs of women who find it necessary to undergo legal separation or complete divorce from their husbands. To schedule a consultation with our attorneys and learn how we can help, HYPERLINK “” contact us today – 757-425-5200.